1838 NEW ZEALAND GAZETTE No. 79

act, or fail to take any steps that the grantee might reasonably expect the grantor to take in respect of, any action that may affect, damage, endanger, or interfere with the lines for the time being on the electricity easement land or their operation.

(2) The grantor must not without the prior written consent of the grantee—

(a) Burn off any crops, trees or undergrowth on the electricity easement land; or

(b) Carry on commercial forestry operations on the electricity easement land; or

(c) Operate or permit to be operated on the electricity easement land any large machinery or equipment, such as a bulldozer, crane, drilling rig, excavator, or pile-driver.

(3) The grantee’s consent must not be unreasonably withheld; but may be given subject to the power to revoke it.

(4) If the grantee revokes its consent, it must pay the grantor appropriate compensation for any costs the grantor incurs as a direct result.

7. The grantee may, by any means or methods it thinks necessary, level and grade any soil, sand, gravel or other material, stock-piled on the electricity easement land, or any other earthworks on the electricity easement land, to ensure that the clearance above the ground level of any line on, over or under the electricity easement land is maintained in excess of the minimum clearance height for the time being prescribed by any enactment, code of practice, or generally accepted engineering standard.

8. (1) The grantor must not obstruct or interfere with the carrying on of the normal business operations of the grantee on or in relation to on, over or under the electricity easement land, to the intent that the grantee has absolute right to use and have quiet enjoyment of the electricity easement land to transmit electricity, subject only to the reservations, restrictions, and conditions in this order.

(2) In particular, the grantor must do all acts and things reasonably necessary to eliminate or (if elimination is impossible or impracticable) minimise any impact or danger to any part of the electricity easement land or any person on the electricity easement land.

Schedule 10

Clause 7

Land Subject to the Easement to Convey Electricity

Schedule 11

Clause 8

Easement to Drain and Convey Water

1. (1) Except in an emergency, the grantee must not open up the soil of the drainage easement land, or make any batters, cuttings, or trenches, without first—

(a) Giving the grantor a written schedule of—

(i) The works proposed to be carried out; and

(ii) A plan for the rehabilitation of the relevant part of the drainage easement land after the work has been completed, to a state as near as practicable to its original state; and

(b) Obtaining the grantor’s written consent to the undertaking of the works.

(2) The grantor must not unreasonably withhold or delay its consent under subclause (1).

(3) After completing the works, the grantee must undertake the rehabilitation of the relevant part of the drainage easement land in accordance with the plan approved.

(4) After abandoning the works, the grantee must undertake the rehabilitation of the relevant part of the drainage easement land in accordance with the plan approved (with any modifications made necessary by the abandonment).

(5) The grantee must ensure that the works cause the minimum disturbance to the grantor and the drainage easement land.

(6) The grantee must ensure that the works are undertaken in an efficient and workmanlike manner.

2. If any activities of the grantee or of the grantee’s servants or contractors under clause 1 of this Schedule cause, or bring about the cause of, any substantial damage to the drainage easement land, the grantee—

(a) Must promptly notify the grantor; and

(b) Must take all reasonably practicable steps to prevent or avoid any worsening of the damage and any further damage from those activities; and

(c) To the extent that there are no reasonably practicable steps that may be taken to prevent or avoid any worsening of the damage and any further damage from those activities, must take all reasonably practicable steps to minimise any worsening of the damage and any further damage from those activities.

3. The grantor acknowledges that all drains on, under, through, and over the drainage easement land must be and remain the property of the grantee.

4. The grantor must not obstruct or interfere with the carrying on of the lawful business of the grantee, so that the grantee has the absolute right to use the drains, and have quiet enjoyment of them, subject only to the conditions set out in this Schedule and Schedule 17.

Schedule 12

Clause 8

Land Subject to the Easement to Drain and Convey Water